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HETEROCHEMICAL CORP. v. FOOD AND DRUG ADMIN.

No. CV-86-0864.

741 F.Supp. 382 (1990)

HETEROCHEMICAL CORPORATION, et al., Plaintiffs, v. FOOD AND DRUG ADMINISTRATION, et al., Defendants.

United States District Court, E.D. New York.

July 15, 1990.

Attorney(s) appearing for the Case

Joel E. Hoffman, William K. Tom, Sutherland, Asbill & Brennan, Washington, D.C., Stephen M. Hudspeth, Lord Day & Lord, New York City, for plaintiffs.

David Nocenti, Asst. U.S. Atty., Brooklyn, N.Y., for defendants.

MEMORANDUM AND ORDER

GLASSER, District Judge:

Plaintiffs in this action moved for summary judgment, and defendants have cross-moved. Since there are no material factual issues in dispute, this court must now render judgment as a matter of law.

I. Facts

Heterochemical manufactures swine and poultry feed ingredients called Vitamin K Active Substances ("VKAS"). They market two kinds of VKAS, menadione dimethyl primidinol bisulfite ...

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